Eric H. Spencer, Partner at our Phoenix, and Washington, D.C. law offices
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Eric H. Spencer

Partner
Biography

Eric Spencer’s practice is concentrated in special litigation and compliance with an emphasis in election law, campaign finance, public policy, and government relations. Eric is deeply experienced in election-related litigation and appellate matters before state and federal courts and agencies.

He previously served as State Election Director and in-house counsel for the Arizona Secretary of State’s office, bringing his depth of knowledge to the firm’s Election Law and Constitutional and Political Litigation practices. In his capacity as State Election Director, Eric served on the Standards Board for the U.S. Election Assistance Commission (EAC) for developing voting equipment guidelines and, by virtue of his security clearance, regularly consulted with federal and state officials on sensitive election and cybersecurity matters. Eric supervised dozens of litigation matters in state and federal courts as in-house counsel, including legislative redistricting litigation before the U.S. Supreme Court. Eric also focused on lobbying and government relations, having drafted and shepherded into law several high-profile bills through the Arizona Legislature. All told, Eric decided over 50 campaign finance complaints, supervised over 500 candidate filings, supervised review of over 1.8 million initiative signatures, and oversaw 8 state and federal elections in his capacity as one of the state’s top election officials.

In private practice Eric regularly advises candidates, consultants, lobbyists, political action committees (PACs), ballot measure and independent expenditure committees, political parties, municipalities, corporations, election-related vendors, trade associations and other tax-exempt organizations, and individual donors and political contributors. Eric advises on campaign finance compliance and reporting and handles complaints before the Federal Election Commission (FEC), Arizona Secretary of State’s office, Citizens Clean Elections Commission, and various local jurisdictions. He also has extensive experience litigating initiative, referendum, and recall measures in state courts, buttressed by one of the few litigation teams capable of simultaneously challenging multiple statewide ballot measures. Most recently, Eric served as redistricting counsel in Arizona following the 2020 decennial census. In his personal capacity, Eric founded the Arizona Election Law Blog and provides regular legal updates at @azelectionlaw on Twitter.

Additionally, Eric is experienced in a wide range of real estate, healthcare, government contracting and construction-related mediations, arbitrations, and litigation in state and federal courts, including the U.S. Court of Federal Claims. He has experience representing property owners, developers, lenders, hospitals and healthcare institutions, design professionals, contractors, material suppliers, and equipment rental companies in performance and payment disputes under state and federal law.

Credentials

Bar Admissions

  • Arizona
  • District of Columbia


Court Admissions

  • Supreme Court of Arizona
  • United States Court of Federal Claims
  • United States District Court, District of Arizona
  • United States Supreme Court


Education

  • Harvard University, John F. Kennedy School of Government (Masters in Public Administration)
  • Duke University School of Law (J.D.)
  • University of California, Los Angeles (B.A., Political Science, magna cum laude)
Experience

Awards & Recognition

  • The Best Lawyers in America®, Commercial Litigation (2023-2025); Government Relations Practice (2025)
  • Arizona Capitol Times, Best Capitol/Political Lawyer of the Year Nominee (2023, 2022, 2021, & 2020)
  • Southwest Super Lawyers®, Rising Stars Edition, Construction Litigation: Business (2014)

Previous Professional Experience

  • Arizona Secretary of State’s Office, State Election Director (2015-2018)
  • Snell & Wilmer, Associate Attorney (2007-2014)
  • United States Army Infantry Officer (2004-2007)
  • U.S. Department of Justice, Office of Policy Development, Legal Intern (2000)
  • U.S. Court of Appeals for the Armed Forces, Legal Intern to Hon. Eugene Sullivan (2000)

Professional Memberships and Activities

  • National Republican Lawyers Association
  • National Association of State Election Directors (2015-2018)
  • State Bar of Arizona

Community Involvement

Community

  • Imprints of Honor, Board Member (2023-Present)
  • West Point Military Academy Field Forces Officer (2022-Present)
  • United States Selective Service System, Local Board Member (2012-Present)
  • Congresswoman Debbie Lesko Congressional Military Nomination Board (2019-2024)
  • Senator Jeff Flake Congressional Military Academy Nomination Board (2013-2018)
  • Big Brothers/Big Sisters of Central Arizona (2012-2018)
  • WESTMARC, Board of Directors (2013-2014)
  • Harvard Club of Phoenix, Board of Directors and Treasurer (2013-2014)
  • Arizona Town Hall, Recorder (2013)

Political Commitment

  • Legal Observer and Chairman/Co-Chairman of Election Day Operations (2008-2014, 2022)
  • Legislative District Second Vice Chairman (2008-2010)
  • State Political Party Bylaws Committee Chairman (2010)
  • Political Party National Convention Alternate Delegate (2008)
  • Elected Precinct Committeeman and State Committeeman (2007-2015)

Representative Presentations and Publications

Political and Election Law

Media Appearances

Presentations and Publications

Construction Litigation

  • “Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals,” Co-Author, Under Construction (June 2013)
  • “2012: Arizona Construction Law Summary,” Co-Author, Under Construction (September 2012)
  • 2012 Construction Law Update: Case Law & Legislation Affecting the Construction Industry (Arizona summary), Co-Author, ABA Forum on the Construction Industry
  • “Arizona Court of Appeals Clarifies Who Is The “Successful Party” in Litigation for Purposes of Awarding Attorneys’ Fees and Holds that a Subsequent Homeowner Cannot Rescind Its Purchase With Respect to the Original Builder,” Co-Author, Snell & Wilmer Legal Alert (July 2012)
  • “Perfecting a Mechanic’s Lien: The Arizona Court of Appeals Holds that Contractors Need Only Substantially Comply with the Mechanic’s Lien Statutes” Under Construction (June 2011)
  • “Arizona Supreme Court Holds That The Economic Loss Rule May Bar Negligence Claims Against Architects and Design Professionals,” Co-Author, Under Construction (February 2010)
  • “Arizona Residential Contractors Must Make Good On Recovery Fund Payouts Regardless of State’s Delay in Bringing a Subrogation Action,” Co-Author, Under Construction (November 2009)
  • “Payment Collections in the Construction Industry – Protecting Your Rights In A Down Economy,” Co-Author, Under Construction (March 2009)
  • “Methods of Payment Collection for Design Professionals,” Co-Author, Under Construction (September 2008)
  • “Supreme Court Invalidates Voting Rights Act Formula: Arizona and Other Covered Jurisdictions Are No Longer Subject to the Preclearance Requirement,” Co-Author, Snell & Wilmer Legal Alert (June 2013)

Military Service

  • Captain, Arizona Army National Guard (2007-2009)
  • Infantry Platoon Leader, United States Army, 4th Infantry Division, 3-67 Armor (2005-2007); Infantry and officer training, Fort Benning, GA (2003-2005)
  • Veteran of Operation Iraqi Freedom; Awards and Decorations include the Bronze Star Medal and Combat Infantry Badge